Ask Experts Questions for FREE Help !
Ask
    johnwilljr's Avatar
    johnwilljr Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 7, 2009, 06:46 PM
    I have no lease, I rent a room, my lanlord wants me out.
    I rent a room here in California. I have a month to month room rental agreement. My Landlord does not live here. He rents out all the rooms here in this house. The house is falling apart and my landlord does nothing about it. I make all the repairs.

    He wants me out now. He says he can have me out in a day. Can he? If I fight it how long can it take, and if I don't fight it how long can it take for me to be kicked out.

    He says cause I have a month to month agreement, he can kick me out anytime.

    Thank you.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #2

    Sep 7, 2009, 06:51 PM

    What state is this?
    Unless you live in New Jersey or some state that has no eviction procedure he has to give you 3 to 30 days eviction notice.
    2cute4school's Avatar
    2cute4school Posts: 4, Reputation: 2
    New Member
    		  
    #3

    Sep 7, 2009, 06:56 PM
    Quote Originally Posted by N0help4u View Post
    What state is this?
    Unless you live in New Jersey or some state that has no eviction procedure he has to give you 3 to 30 days eviction notice.

    He says he lives in California.
    2cute4school's Avatar
    2cute4school Posts: 4, Reputation: 2
    New Member
    		  
    #4

    Sep 7, 2009, 06:57 PM

    Well you can sure sue him. Your back up would be that you fix all the things falling apart (make sure to have evidence) and that he's kicking you out for no reason. Even though you have no lease, your still making repairs in HIS house.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #5

    Sep 7, 2009, 07:09 PM

    They have 3 day and 30 day for California.
    From what I understand 3 day is for if you didn't pay rent.
    He has to give you a 30 day written notice.
    Then after the 30 days he has to go to court and serve you with another 30 day notice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Sep 7, 2009, 07:29 PM

    Assuming you are paying your rent on time, he will have to give you an official notice to move, and then after 30 days if you don't move, he will file formal eviction against you.

    Of course he could illegally evict you, merely throw your stuff out to the curb when you are not home but you can sue him if he does that
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #7

    Sep 7, 2009, 07:48 PM

    Yep, if rent is up to date he must give you 30 days notice, same goes for you when you decide its time to call it quites.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #8

    Sep 7, 2009, 09:55 PM
    If you have been living there for more than 1 year, and if you are not behind in payment of rent, then the landlord has to give you 60 days written notice that your tenancy is terminated. If you haven't moved out after the 60 days then the landlord has to file a lawsuit for eviction.

    If you have been living there for less than 1 year then the landlord has to give you 30 days written notice and if you haven't moved out by then, the landlord has to file a lawsuit for eviction.

    If the landlord does not give you the proper notices and then tries to change the locks, call the police. Then sue the landlord for illegal eviction.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Do I have to pay rent to lanlord if they are not doing anything about the bugs? [ 1 Answers ]

Do I have to pay rent if landlord won't hire pest professional to get rid of bugs

Lanlord Terminated lease early, 8 months later wants money [ 10 Answers ]

I renewed my lease with the Landlord on May 22, 2008 and it was to expire on May 31, 2009. He called and asked if we could move out, he wanted to move back to Jacksonville, FL. We agreed and we were moved out with over six months still left on our lease. He did a walk through of the house,...

Room for rent mo to mo lease [ 2 Answers ]

If I signed a month to month lease for a room for rent, and I did not move in, can I cancell the lease before the start or move in date? What am I resposible for? I did not have to pay a deposit.

Lanlord wanting to sell house with current lease agreement [ 1 Answers ]

I am currently in a Residential lease until August 2008. I just received word from landlord that she will be putting residence up for sale in one or two months. Can she do so while the lease is still in effect? What are my rights? She is giving me the option to purchase; however I have no...

Lease Dispute. Lanlord dumped me one week prior [ 3 Answers ]

Hi.. Thanks to anyone that can help. I am a flight attendant moving to nyc on June 1st. I was in contact with a property manager who agreed to rent me a room. I signed a least on April 20th. Sent in a security deposit which was cashed on 5/14. And have a message from landlord stating I was...

View more questions Search